RESIDENT MAGISTRATE'S COURT.

Wairarapa Daily Times, Volume 2, Issue 287, 11 October 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

MASTERTON, THURSDAY, BEFORE n. S. WAItDEH,, ESQ., R.M., AM) A, W, BKNALI,, ESQ., J.P. Criminal. \l K. Kenriek v E. Clifton,-Assault. Mr Skipper for plaintiff, and. Mr Beard for defendant. This was an action arisinu out of the case Cowan v Clifton,

S. F. Beard deposed: I am a medical man, residing at Masterton. I saw Kenrick on the 19th Sept, and he said he wished to be examined. I examined him and foiled a very large bruise on the centre of the biceps of the arm, and deeply purple. It might be cm s d by a grip, There in list have been a good deal of violence used to effect the bruise. When I saw Kenriek the bruise seemed to be about three or four days old. I have not seen plaintiff since until to-day, R. K. Kenriek, sworn said : The assault was committed on the 16th September, and arose fr m my assistance to Cowan in laying off some boundaries of land at Castle Point. When defendant left Cowan he came over to me and ordered me off the land, saying he would put me in the creek if I did not go. I told him I had walked on, and I would walk off. He then seized me by the arm, which he severely bruised. After seizing me he forced me back into the creek. I was standing on a shelving bank of the waterliole or creek. He did not release me when I was in the water, and defendant got wet himself to the knees. I was'a long time under water. He prevented my getting up by being on top of me. Directly he released me I crawled out of the mud and water, which wa3 sufficiently deep to cover me completely. Defendant then used more abusive language, and I told him the matter would not end there. I gave him no provocation; I came to Masterton three days afterwards and was examined by Dr Beard. By Mr Beard : I offeied no more resistance to defendant than try to get free from him, He gripped both arms very tight, one arm being wrenched in the struggle. I did say I would sit down and smoke my pipe. That was all I said. The laud beloiifs to me, and.l was there then to tako possession. (I have a lease from

the Maories. I had the place handed over to me that day by the natives. By Mr Skipper: I was pushed into the water and held under it, .

A. D. Cowan, called, said : I am a surveyor, residing in Masterton, aiid remember the 16th September. At the time of the injury to my surveying instrument, defendant said to me he would " go" for the other fellow, meaning Kerrick. When I got up to where Kenrick was I told him not to make any resistance, as he was there as'my assistant, and I took it as forcibleexpulaion. Kenrick said if I took it as such he would leave the place, but asked to be allowed to light his pipe first. When we got to the creek, defendant said " Now then, in you go," aud pushed him into the creek, jumping on top of him and holding him under water. Kenrick was completely covered by the water. Plaintiff offered no resistance beyond struggling to get away, and defendant fell on top of him in the water.

Peka, on being sworn, corroborated the evidence.

E. Clifton, sworn, said; I went across to Kenrick and told him to clear out. He said he would not more than once. I then took hold of him and began to lead him off the ground on to the road. The track passed through this waterhole. We began struggling on the edge of it and both fell down on the bank, and rolling down it into the water. Kenrick was underneath me, and as soon as I could I got clear of him. Mr Walter Johnston is the occupier of the place, and I am his manager.

A, J, Barnett, on being sworn, corroborated the evidence of the last witness on a few material points, but got mixed up slightly in explaining the' relative distances of the parties and the ditch, His Worship fined defendant £3, and costs £1 ss, or a raonth,s imprisonment, The fine was paid. Civil, F, Gray v O.Collins.-Debt £l9 7s 3d. Judgment for amount and costs. H, Tilly Browne v E. Meredith, junAdjourned at the request of defendant,